Contact Us Today (770) 249-4405

What should I do if I am Falsely Accused of Drug Possession?

Being accused of a crime you did not commit can be overwhelming, emotionally distressing, and legally challenging. When you find yourself falsely charged with drug possession, understanding your rights and taking certain steps is crucial in ensuring the best possible outcome for your case.

Immediate Actions to Take

Don't Attempt to Convince the Police

The very first thing you need to do if falsely charged with drug possession is to stay calm and remember your rights. You might think that explaining the situation will make the charges go away. However, once you've been charged, the police have made their decision based on the evidence or circumstances they have at that time. Talking more can inadvertently lead to you providing them with statements that can be used against you later. In these situations, it's crucial to:

  1. Not engage in debates or arguments: The police might make it seem like they are willing to change their minds, but this is rarely the case.
  2. Ask for an attorney: Always request legal representation before answering any questions. Even if you believe you have nothing to hide, it's essential to have an advocate on your side who understands the legal nuances.

Beware of Jail Phone Calls

Once you've been taken into custody, you might be tempted to call a loved one and share your side of the story. However, you should be aware that:

  1. Jail phones are often monitored: Anything you say can and will be used against you.
  2. Avoid discussing your case: Even casual conversations can be misconstrued and used as evidence.

Navigating the Legal Process

Hire an Attorney as Soon as Possible

When you're out of custody, the next step should be to secure legal representation. An attorney is essential for:

  1. Understanding your rights: Every individual has rights that should be upheld, regardless of the charges against them.
  2. Investigating the charges: If you're falsely charged with drug possession, evidence proving your innocence needs to be gathered. An attorney can help identify and preserve this evidence
  3. Liaising with the court: Your attorney will be responsible for submitting any necessary paperwork, representing you in court, and negotiating on your behalf.

Consider a Drug Test

While not always necessary, in some cases, undergoing a drug test might be beneficial. If you're falsely charged with drug possession, a negative drug test can help support your claim of innocence. Remember:

  1. Opt for a reputable lab: The credibility of the results can be essential.
  2. Timing matters: Depending on the substance you're accused of possessing, the time frame for detection can vary. Your attorney can guide you on when and if to get tested.

Gathering and Preserving Evidence

It's crucial to start working on your defense as early as possible. Some steps to consider include:

  1. Speaking with potential witnesses: If there were individuals who can vouch for your whereabouts or character, your attorney might want to speak with them.
  2. Retrieving surveillance footage: If the alleged incident occurred in a place with security cameras, obtaining this footage can be crucial.
  3. Keeping a record: Document everything that you remember from the incident – this can be useful for your defense.


Being falsely charged with drug possession can be a harrowing experience. However, with the right knowledge and actions, you can navigate this challenging situation. Always prioritize your rights, avoid self-incrimination, and secure skilled legal representation as soon as possible. Your proactive approach can be the difference between a conviction and proving your innocence. If you have more questions, please contact Brett Willis Law today for further information.

This is your life. Let us fight for it.

If you are facing criminal charges, you are in the right place. Give us a call at 770.249.4405, or send us a message.